Jacquelyn Barnett v. Board & Rudisell, Inc. d /b /a Siam Square Tip Credit / Minimum Wage Case
Posted On Oct 09, 2014
Jacquelyn Barnett v. Board & Rudisell, Inc. d/b/a Siam Square and Edward J. Rudisell, Case No. 1:14-cv-01375-WTL-TAB
On August 20, 2014, the Indianapolis employment lawyers at The Law Office of Robert J. Hunt, LLC filed a collective action Complaint on behalf of servers and all similarly situated individuals, against Board & Rudisell, Inc. d/b/a Siam Square and owner Edward J. Rudisell. These individuals seek minimum wage pay under the federal Fair Labor Standards Act. The Complaint alleges that individuals working in this position were denied minimum wage pay in violation of the FLSA because (1) the Defendants failed to inform tipped employees of the provisions of the tip-credit subsection of the FLSA and (2) the Defendants required servers to participate in unlawful tip pooling whereby the tipped employees had to share their tips with employees who do not customarily and regularly receive tips. The Complaint was filed under the FLSA’s collective action procedure, which means the plaintiffs filed the Complaint seeking to represent themselves and other “similarly situated” employees who work or worked for Siam Square at any time within the past three years.
How Do I Join This Case?
To make a claim in this action under federal law, you must complete a Consent Form and return it to us immediately for filing with the Court.
Which Locations Are Included?
Past or present servers who have worked for Siam Square are eligible to join this lawsuit.
What Time Frame Does This Case Cover?
Eligible employees may be able to recover minimum wage pay for hours worked within 2 years of signing up for the lawsuit. If we can prove the company “willfully” violated the law, the statute of limitations may be extended to 3 years.
Do I Have To Pay Anything?
You do not have to pay anything to our law firm if you join the lawsuit. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment.
How Do I Prove I Worked Overtime?
Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. You are not required to have proof of the hours you worked.
How Long Will This Case Take?
Lawsuits typically take one to two years before they are resolved.
How Do I Update My Contact Information?
To update your contact information, please contact our law firm at 317-981-7658.
What About Retaliation?
The law protects you from retaliation for asserting your right to participate in an overtime lawsuit. If you currently work for Siam Square and you believe you are the victim of retaliation for participating in this lawsuit, contact us immediately.
If you have any information that may assist us with this case, please contact The Law Office of Robert J. Hunt, LLC or call our law firm at 317-981-7658.